V.G.Oak, J. - (1.) This writ petition is directed against an award of a labour court. Sooti Mills Mazdoor Sabha, Kanpur, is petitioner 1. Muir Mills Company, Ltd., Kanpur (hereinafter referred to as the company), are the principal respondent.
(2.) In 1957 the company suspended a number of its workmen on certain charges. The company applied to the Regional Conciliation Officer, Kanpur, for permission to dismiss the workmen, as certain oases were pending before him. On 24 January 1958 permission was refused. Nonetheless the company proceeded to pass an order dismissing twenty workmen with effect from 15 February 1958. Petitioner 1 raised the question that dismissal of the twenty workmen was wrongful. The State Government, therefore, referred the question, whether the suspension and dismissal of the workmen were wrongful and unjustified, for decision by the labour court at Meerut. The labour court gave its award on 16 February 1959 holding that the dismissal of the workmen was Justified. The award was published by the State Government on 12 March 1959. This writ petition is directed against the award, dated 16 February 1959.
(3.) The first contention of Mr. K.P. Agarwal appearing for the petitioners is that dismissal of the workmen involved a breach of Section 6E of the Uttar Pradesh Industrial Disputes Act 1947 (hereafter referred to as the Act). Section 6E runs thus: (1) During the pendency of any conciliation proceedings before a conciliation officer or a board or of any proceeding before a labour court or tribunal in respect of an industrial dispute, no employer shall (a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding, or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workmen concerned in such dispute save with the express permission in writing of the authority before which the proceeding is pending.;